Position of the Law Where Parties Rested the Proof of their title to Land on the Production of Title Documents

CASE TITLE: Dunu v. Gbadamosi (2023) LPELR-60756(CA)

JUDGMENT DATE: 2ND AUGUST, 2023

PRACTICE AREA: LAND LAW (DECLARATION OF TITLE TO LAND AND DAMAGES FOR TRESPASS)

LEAD JUDGMENT: ABUBAKAR SADIQ UMAR, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Land Law.

FACTS:

This is an appeal against the judgment of the High Court of Lagos State, Ikeja Division delivered by B. A. Oke-Lawal, J. wherein the lower Court declared the title in respect of the land in dispute situate at No 5, John Christ Street, Tedi Village in Ojo Local Government Area of Lagos State in favour of the Respondent herein.

The Respondent commenced the suit, seeking the following reliefs:

1. A Declaration of title to a customary and/or statutory right of occupancy in respect of all that piece or parcel of land situate, lying and being along John Christ Street, Tedi Village in the then Badagry Local Government (now) Ojo Local Government Area of Lagos State more particularly described and delineated on Survey Plan No: LU/LA/5045B/84 dated 10/10/84 and attached to the foot of Certificate of Occupancy registered as No: 75/75/2003 dated 18/02/2003 and also the Deed of Assignment registered as No: 75/75/2170 of 11/05/2007 in the register kept at the lands Registry, Alausa- Lagos

2. An Order of perpetual injunction restraining the Defendant, his agents, servants and/or privies from further committing acts of trespass on the Claimant’s land.

3. An Order awarding general damages in the sum of N7, 000,000.00 (Seven Million Naira only) for trespass and N2,574,500.00k (Two Million, Five Hundred and Seventy-Four Thousand, Five Hundred Naira Only) as Special Damages against the Defendant for acts of trespass on the land.

Appellant filed his amended Statement of Defence with Counter-Claim and claimed as follows:

1. The sum of N2,000,000.00 (Two Million Naira) being cost of the special and general damages perpetuated by the Claimant on the land with particulars as follows:

i. 442 bags of cement – N750,000.00

ii. Batcher together with working tools – N250,000.00

ii. The sum of N1,000,000.00 as general damages for trespass and disturbance of the workers at the site.

2. A Declaration that the Defendant/counter-claimant is the person entitled to the 2 plots of land situate at John Christ Street, Tedi Village, Ojo Local Government Area of Lagos State measuring approximately 1339.560 square meters and delineated in Survey Plan No: JOO/LS/920/2001.

3. A Perpetual Injunction restraining the Claimant, his agents, servants, privies or anyone claiming under or through him from further trespass on the land.

4. Cost of this Action.

The High Court granted the Respondent’s claims and dismissed the entire claims of the Appellant. Dissatisfied with the decision of the High Court, the appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court of Appeal determined the appeal on the following issues:

“1. Whether the lower Court properly evaluated the facts and evidence placed before it by the parties before granting the reliefs in this matter as constituted?

2. Whether in the circumstance, the trial Judge was right when he held that the Respondent is entitled to general and special damages?”

DECISION/HELD:

In conclusion, the Court of Appeal dismissed the appeal.

RATIOS:

• EVIDENCE- PROOF OF TITLE TO LAND: Whether a party needs to tender in evidence documents relied on in proof of his title to land
• LAND LAW- ACQUISITION OF LAND: Effect of compulsory acquisition of land by the government
• LAND LAW- STATUTORY RIGHT OF OCCUPANCY: Effect of grant of statutory right of occupancy
• LAND LAW- DECLARATION OF TITLE TO LAND: Whether a plaintiff will be entitled to a declaration of title to land where his documents are valid
• LAND LAW- TRESPASS TO LAND: Principles of the law relating to trespass to land
• DAMAGES- SPECIAL/GENERAL DAMAGES: Distinction between proof of general damages and proof of special damages

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